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201103379
<br />Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with
<br />a notice of iransfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
<br />purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be
<br />transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note
<br />purchaser.
<br />Neither Borrower nor Lender may conimence, join, or be joined to any judicial action (as either an individual
<br />litigant or the member of a class) that arises from the other party's actions pursuant to this Securit� Instrument or that alleges
<br />that the other party has breached any provision of, or any duty owed by reason of, this Secunty Instrument, until such
<br />Borrower or Lender has notified the other parly (with such norice given in compliance with the requirements of Section 15)
<br />of such alleged breach and ai�orded the other parly hereto a reasonable period after the giving of such notice to take
<br />corrective action. IfApplicable Law provides a time period which must elapse before certain action can be talcen, that time
<br />period will be deemed to be reasonable for purp oses of this paragraph. The norice of acceleration and opportunity to cure
<br />given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be
<br />deemed to satisfy the notice and opportunity to take corrective acrion provisions of this Section 20.
<br />Zl. Hazardous Substances. As used in this Secrion 21: (a) "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline,
<br />kerosene, other flammable or toxic petroleum products, to�c pesticides and herbicides, volatile solvents, matenals
<br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of
<br />the jurisdiction where the Properly is located that relate to health, safety or environmental protection; (c) "Environmental
<br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or
<br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
<br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental
<br />Condition, or (c) whict�, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
<br />affects the value ofthe Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property
<br />of small quantities ofHazardous Substances that are generally recognized to be ap�ropriate to normal residential uses and to
<br />maintenance of the Property (including, but not limited to, hazardous substances u► consumer products).
<br />Borrower shall promptly give Lender written notice of (a) an� investigation, claim, demand, lawsuit or other action
<br />by any governmental or regulatory agency or private party involvmg the Property and any Hazardous Substance or
<br />EnvironmentalLawofwhichBorrowerhasactualknowledge, (b)anyEnvironmentalCondition,includingbutnotlimitedto,
<br />any spilling, leaking, discharge, release or threat ofrelease ofanyHazardous Substance, and (c) any condirion causedbythe
<br />presence, use or release of a Hazardous Substance which adversely affects the value of the Properly. IfBorrower learns, or is
<br />notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any
<br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in
<br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Envuonmental Cleanup.
<br />NON-LTNIF'ORM COVENANTS. Borrower and I,ender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
<br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under
<br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action
<br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which
<br />the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may
<br />result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall
<br />further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the
<br />non-e�stence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or
<br />before the date specified in the notice, Lender at its option may require immediate payment in full of all sums
<br />secured by this Security Instrument without further demand and may invoke the power of sale and any other
<br />remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the
<br />remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title
<br />evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of
<br />the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower
<br />and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall
<br />give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand
<br />on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the
<br />terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may
<br />postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously
<br />scheduled sale. Lender or its designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying
<br />the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made
<br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and eapenses of eaercising
<br />the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable
<br />attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any
<br />excess to the person or persons legally entitled to it.
<br />23. Reconveyance. Upon payment of all sums secured by this S ecurity Insirument, Lender shall request Trustee to
<br />re-convey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security
<br />Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it.
<br />Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the
<br />Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is
<br />pernutted under Applicable Law.
<br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor
<br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is
<br />recorded Without conveyance ofthe Properly, the successor trustee shall succeed to all the title, power and duties confeired
<br />upon Trustee herein and by Applicable Law.
<br />25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's
<br />address which is the Property Address.
<br />NEBRASKA—Single Family—Fannie Mae/Freddie Mae iJNIFORM INSTRUMENT (MERS)
<br />12439.CV (1/08) 904200
<br />Form 3028 1/Ol (page 7 of 8 pages)
<br />Creative Thinldng, Inc.
<br />GOTO(00163db6)
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